What must be Proven in a Medical Malpractice Lawsuit?

To establish a successful medical malpractice claim in Oklahoma, four essential elements must be proven. These elements form the foundation of the lawsuit and require clear evidence that a healthcare provider’s actions deviated from accepted standards of care.

The four required elements are:

• Duty of Care: You must show that the healthcare provider owed a legal duty to the patient. This is typically recognized for licensed providers in facilities such as hospitals.

• Breach of Duty: You must prove the provider failed to meet the accepted standard of care. Expert testimony is often required in court to define these standards and show how they were violated.

• Causation: There must be proof of a proximate cause, meaning the provider’s breach of duty directly caused the patient’s injury.

• Damages: You must demonstrate that the patient suffered actual harm, such as medical bills, lost wages, or pain and suffering.

Proving these elements requires thorough documentation, including medical records and expert analysis. In Oklahoma, these claims generally must be filed within two years of the date the injury was discovered.